LGBT Child Custody Attorneys in New Jersey

Helping Same-Sex Couples Navigate Child Custody Matters

Since the United States Supreme Court ruled that gay marriage is a constitutional
right in June 2015, New Jersey law has adapted to afford LGBT couples
the same rights as heterosexual couples. As LGBT partners enjoy their
newfound right to marry, some also must also, unfortunately, navigate the
divorce process. As they work their way through divorce proceedings, partners
with children will encounter child custody disputes.

If your LGBT family requires the services of a child custody attorney in
New Jersey, you can rest assured that your case is in good hands at Law
Offices of Edward R. Weinstein. Our attorneys respect and appreciate your
family and can work tirelessly to help you achieve a favorable outcome
to your dispute. Whether you settle the matter throughout negotiation
or take it to court, we can be there for you every step of the way.

Custody Options

Regardless of whether your child was adopted or born through assisted reproduction,
once parentage has been established, you have rights regarding your children.
In New Jersey, all child custody decisions are made based on the child’s
best interest.

A parent can have:

Joint legal custody – Both parents share responsibility when it comes to making decisions
about the child’s care – however, the child may live primarily
with one parent while the other is an alternate

Sole legal and physical custody – The child lives with one parent, who also has the right to make
all the major decisions about the child’s care

Shared legal and physical custody – In this situation, both parents have equal rights regarding decision
making and the child splits his/her time with each parent equally

Psychological Parent Doctrine

Sometimes, a partner in a same-sex relationship co-parents a child with
the child’s natural or adoptive parent. This partner may still have
parental rights to the child, even if he or she is not a legal parent.
Under the “psychological parent” or “de facto parent”
doctrine, New Jersey courts may grant the second parent certain custodial
rights. The court will consider that partner’s role in parenting
the child and assess whether you were intended to serve as a parent to
the child.

Navigating LGBT child custody matters can be confusing – retain the services
of a New Jersey child custody lawyer from Law Offices of Edward R. Weinstein.
Call us at (732) 783-5588 today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.